One of the many difficult issues employers face under the Americans with Disabilities Act (ADA) is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a...more
12/15/2022
/ Americans with Disabilities Act (ADA) ,
Appellate Courts ,
Corporate Counsel ,
Disability Discrimination ,
Documentation ,
Failure to Accommodate ,
Family and Medical Leave Act (FMLA) ,
Interactive Process ,
Medical Leave ,
Rehabilitation Act ,
Remote Working ,
Termination
In 2021, the workforce continued adapting to an evolving global pandemic, increasingly consequential social movements and a dramatic shift in employment policy ushered in by a change of leadership at the federal level.
...more
2/23/2022
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Class Action ,
Construction Workers ,
Coronavirus/COVID-19 ,
Data Privacy ,
Diversity and Inclusion Standards (D&I) ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Foreign Workers ,
Healthcare Workers ,
Infrastructure Investment and Jobs Act (IIJA) ,
Manufacturers ,
Minimum Wage ,
NLRA ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Pay Transparency ,
Religious Accommodation ,
Remote Working ,
Technology Sector ,
Vaccinations ,
Wage and Hour ,
WARN Act ,
Workplace Safety
During a special session to consider what Governor Ron DeSantis called his “Keep Florida Free” agenda, the Florida Legislature passed several vaccine measures, some of which conflict with recently implemented federal rules,...more
11/19/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Governor DeSantis ,
New Legislation ,
OSHA ,
Religious Exemption ,
State and Local Government ,
State Health Departments ,
Vaccinations
In a clear response to the recent Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) issued by the Biden Administration, Iowa, Tennessee, Utah, and Florida recently have joined the...more
The pandemic has created an inflection point unlike any we have experienced in our lifetime — one that will redefine the workplace. Our Spring 2021 remote and return-to-the-workplace survey shares insights from more than 400...more
6/2/2021
/ Americans with Disabilities Act (ADA) ,
Child Care ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Incentives ,
Paid Time Off (PTO) ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Remote Working ,
Return-to-Work Agreements ,
State and Local Government ,
State Labor Laws ,
Traveling Employee ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
With the rise in lawsuits under Title III of the ADA regarding accessibility of websites, Courts have been framing how such claims fit into the law’s requirements for accessibility at places of public accommodation. The U.S....more
A recent Middle District of Florida decision granted the Defendant’s Motion to Dismiss Plaintiff’s claims for relief under Title III of the ADA based on Plaintiff’s lack of standing to bring such claims. In Kennedy v. Cape...more
As employers struggle with managing how much, if any, leave is required as an accommodation under the ADA, we are beginning to get more direction from the Courts to guide those decisions. In Easter v. Arkansas Children’s...more
Many employers have programs allowing employees to donate their own time off to another employee with serious medical or family issues. A dilemma often faced by employers with these policies is whether continued use of such...more
The ADA Amendments Act of 2008 (ADAAA) made a number of significant changes to the definition of “disability.” Much of the change had to do with making it easier for an individual to establish that he or she has a disability...more
While employers generally accept that they cannot apply a maximum leave period after which employees are automatically terminated, they continue to struggle with how much leave must be provided as a form of accommodation...more